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Assessment Details
Due date: Friday, 6 April 2018 11-59 PM IN TURNITIN
Weighting: 30%
Length: 1500 words (+/- 10%), correctly referenced
Objectives
Answer the following questions with reference to the relevant common law and equity
principles operating in Australia concerning contracts plus related and other transactions. Do
not consider the effects of legislation potentially applicable other than that specifically
identified. Students may make whatever additional factual and/or legal assumptions are
necessary or convenient. And students must write about 1500 words (+/- 10%), or about 750
(+/- 10%) words per 15 mark allocation.
Assessment Task
Question 1 15 Marks
The University of Millennia called for tenders for supplies of green seed for its surrounds, with
a closing date of 1 June.
The following tenders were submitted:
• Greenland hand-delivered its tender on 29 May, which went into the tender box.
• Enviro posted its tender on 15 May. This letter was received by the University on 17 May,
but, by being submitted so early, one of the administrative assistants filed it with the
intention of later putting it in the box when she was properly organised.
• Plant Forever posted its tender on 30 May. This letter arrived on 2 June but nevertheless
was put into the tender box.
It transpired that only two of the tenders were considered by the relevant administrative
officials of the University. Although the tender by Enviro was the lowest and contained the
most attractive features, the administrative assistant forgot where she had filed it and did not
find it again until a week after the decision was made.
Greenland’s tender was the next lowest, but because of rumours about its unreliability, the
University awarded the contract to Plant Forever. The University posted a letter to Plant
Forever advising that its tender was successful. Unfortunately, this letter never reached Plant
Forever because it was destroyed by a disgruntled postal worker who had just been made
redundant. Since it had not heard from the University, Plant Forever instead committed its
full stock of seed to another contract with a regional council.
The University became aware of the full situation concerning the tender by Enviro and the
position in which Plant Forever now finds itself. It seeks advice concerning its contractual
position in relation to all three tenders.
2
Question 2 15 Marks
On 1 October Footloose Pty Ltd placed the following notice in the Daily News newspaper:
Special Shoes Special Discounts
Footloose Pty Ltd is awaiting the delivery of the latest summer collection shoes from Italy.
Styles include the new slingback sandals and wedge heels. Prices start at $2000 per hundred
pairs (certain styles only); big discounts may be negotiated for bulk orders. All inquiries to Ms
Simone, Sales Manager, on 1400 765 432 or by fax on 06 9234 567.
On 2 October Famous Footwear sent the following fax to Ms Simone:
We accept your offer in the Daily News. We wish to order 500 pairs at $2000 per hundred.
Details on delivery to follow.
On 4 October James, the owner of shoe retailer James’s Shoes, which had several regional
stores throughout Australia, sent the following fax to Ms Simone at Footloose:
We refer to your notice in the Daily News and would like to purchase 2000 pairs of slingback
sandals. Our best price is $30,000 including GST and delivery. Please advise.
On 6 October Ms Simone sent the following fax to James:
Footloose will sell 2000 pairs of slingback sandals for $30,000, excluding delivery. Payment by
cash or bank cheque is due on delivery. Please advise.
James immediately wrote the following letter to Ms Simone, which was mailed on 8 October:
We refer to your fax of 6 October and are prepared to meet you on those terms. Please let me
know the earliest delivery date.
On 10 October Ms Simone telephoned James. After a short discussion James faxed Ms Simone
a copy of the letter of 8 October. The parties agreed that James’s Shoes would take delivery
of the sandals from Footloose’s Sydney warehouse on 1 November.
Referring to relevant case law and giving reasons for your propositions, discuss the legal effect
of each of the forms of correspondence between Footloose, Famous Footwear and James’s
Shoes that took place between 1 October and 10 October.

Assessment Criteria
Fail
You will have shown evidence of the following:
• the written expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
3
• reasoning and application demonstrated is poor.
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the
reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of spelling and grammatical usage
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth.
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory.
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of
the course
• demonstrated deep insight into the application of knowledge and skills acquired to
complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation.
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the
objectives of this course
• demonstrated an interesting and/ or original approach/ idea/ argument
• demonstrated mastery of the relevant referencing system
4
• ensured conclusions are backed by well-reasoned arguments demonstrating a
detailed insight and analysis of issues
• ensured references are made to the appropriate legislation for particular issues.
END OF QUESTIONS
5

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Module Code 77-602350

2017-18

Task 1 – Report – 50% weighting

Task 2 – Report – 50% weighting

TASK 2 REPORT

Assessment Weighting (%)

50%

Mode of Assessment

Report

Word Count

2,000 words

Type of Submission

Online

Submission Date and Anticipated Feedback Date

Please refer to Assessment Calendar/Statement

Description of Assignment

With reference to a commercial property in either China or the UK, explain what issues a developer must consider in order to maximise profit and minimise economic and financial risk before, during and post development, irrespective of whether they choose to sell the property, or retain and manage it as an ongoing investment.

In order to answer this question, you must:

Choose an existing property, not more than 10 years old, and assume (pretend) that you are a developer who is building it now. Include a location plan and a photograph or other image of your chosen development. For the purposes of this assignment, assume that there are no existing occupiers or legal title issues. You are going to develop a ‘cleared’ site.

Consider the options available in order to finance your development. You only have 10% of the cost of construction ‘in the bank’ (equity). What options are available for you to finance the remaining 90% of the project; which option(s) will you choose and why? Please provide the reasons for your decision.

Consider how you will maximise your profit: Using economic theory explain how you can minimise your costs and maximise your revenue?

Identify the ethical issues likely to be involved with your development and explain how (having regards to RICS professional and ethical standards) you will manage any ethical issues or conflicts.

Guidance

More specific guidance on this assignment can be found on Blackboard under “Assessment” and will also be provided in your teaching sessions.

This assignment requires you to produce a report focusing on a specific property in either China or the UK. You are going to play the part of a developer who has to needs to decide how a development is to be financed and is to be economically viable. In doing so, you may incorporate (use) any economic theory and diagrams that you consider relevant and appropriate.

Learning Outcomes

This assessment is linked to the following learning outcomes:

Identify and explain in sufficient detail the economic and financial issues likely to affect the commercial property market and the funding of commercial property ownership.

Identify and explain in a practical context ethical issues which ought to be considered by professionals involved in the ownership and management of commercial property.

Assessment Criteria

Please see below

Presentation of your Assignment

All typed work should be Arial (11pts) or Calibri (12pts)

You should use the APA referencing system

Please state the number of words used at the end of the assignment

Word counts include the entire assessment submission, with the exception of references and appendices

Work up to the word limit will be marked. Any work in excess of the word limit will not be marked

Cheating and Plagiarism

The University Regulations on academic conduct apply to all assessments. You are reminded that to represent as your own work the work of another person without acknowledgement is defined as plagiarism and is a breach of these regulations.

By submitting your work, you certify that it is your own work, and that the work of other people is duly referenced and acknowledged in accordance with the University’s Academic Conduct Regulation.

If you have a learning contract which recommends the use of stickers for your work please make sure that you type the wording of the sticker at the top of your assignment – preferably in red so that it is as visible as possible for markers.

Back-up and keep a copy of your work.

Return of your marked Assignment

Your work will be returned to you electronically. You will be given feedback in the form of the marking rubric attached including a personal commentary on aspects of your work. You may also receive annotations on your work showing specific examples of good practice and areas for improvement.

You will also have the opportunity to meet with a module tutor and obtain general feedback if requested.

Assessment Criteria

Please see Marking Grid attached.

In-Module Retrieval of an Assessment Task

Where in-module retrieval is available for an assessment task, if you have made an initial valid attempt but achieved below the pass mark, you may choose to rework the assessment task once only.

To be a valid attempt, the initial coursework submission must be capable of being marked against the marking criteria set. There must be some genuine attempt to answer the brief in the format required.

If you take the in-module retrieval and you pass the reworked assessment task, the mark for this assessment task will be capped at the pass mark.

If you rework the assessment task and your mark is lower than your original mark, then the original mark stands.

Refer to the module site for in-module retrieval submission dates. This date will be set by your module leader.

Having taken or declined your in-module retrieval opportunities, if you do not pass the module on second attempt you will be referred and will have to undertake a further piece of referral assessment to pass the module.

Clearly inadequate. Little relevant discussion of appropriate research and literature

Clearly inadequate. Little or no incorporation of relevant applied economic theory. Any theory included is descriptive, not applied.

Clearly inadequate. Little or no commentary with respect to the importance of professional and ethical considerations. Critical errors (e.g. the concept of ethics misunderstood or incorrectly applied)

(≥ 30%) Borderline fail (<40%) {Touches on some aspects}

Some of coverage met but with critical errors / omissions.

Some of coverage met but with critical errors / omissions.

Some of coverage met but with critical errors / omissions.

Some of coverage met but with critical errors / omissions.

(≥ 40%) Pass (<50%) {Satisfactory engagement}

Most of coverage met, with no critical errors / omissions.

Most of coverage met, with no critical errors / omissions.

Most of coverage met, with no critical errors / omissions.

Most of coverage met, with no critical errors / omissions.

(≥ 50%) Good (<60%) {Good – No big slips}

All of coverage met, with no major errors / omissions.

All of coverage met, with no major critical errors / omissions.

All of coverage met, with no major errors / omissions.

All of coverage met, with no major errors / omissions.

(≥ 60%) Very Good (<60%) {Very Good – No minor slips}

All of coverage met, with only very minor errors / omissions.

All of coverage met, with only very minor critical errors / omissions.

All of coverage met, with only very minor errors / omissions.

All of coverage met, with only very minor errors / omissions.

(≥ 70%) Distinction {Excellent – Joy to read}

All of coverage met, with no minor errors / omissions, several aspects substantially exceeded.

All of coverage met, with no minor errors / omissions, several aspects substantially exceeded.

All of coverage met, with no minor errors / omissions, several aspects substantially exceeded.

All of coverage met, with no minor errors / omissions, several aspects substantially exceeded.

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ASSIGNMENT ONE

BUSINESS LAW 3100 – Fall 2017 – Saturday – Instructor – Bill Duncan –

The assignment is out of 20 marks, and is worth 15% of your final mark. The answers should be put on a separate piece of paper, and can be in point form. I am looking for you to identify what the problem is, that is to say, the issue or area of law and then provide a specific answer. Assume all fact patterns take place in BC unless it says differently. THIS IS NOT A GROUP ASSIGNMENT AND THE FINAL PRODUCT MUST BE YOUR OWN. Good luck!

You have been charged with an offence under the provincial Sport Fishers Act and went to BC Provincial Court yourself to fight it. You brought along a copy of a case from the BC Supreme Court, which contained virtually the same facts as your situation and provided you with a good defense. When you showed the case to the judge, she looked at it and said “I have no use for you illegal fishers, but I must follow this case and find you not guilty.” What principle of our legal system does this example illustrate? Explain whether the judge was correct in applying the principle. (2 marks)

Buck Schubert sued his former business partner Leopold Elgar for breach of contract. At the trial, Buck, in testimony under oath, stated “Elgar is a complete fraud and a crook. He was convicted in Ireland of theft before he came to Canada.” During the lunch break, as Buck’s son, Dmitri, walked out of the courthouse, a reporter confronted him and asked him about the trial. Dmitri said,” Well my dad said Elgar was convicted of theft in Ireland, and I agree.” The newspaper ran a story with Dmitri’s words the next day. It turned out that Buck was mistaken, and it was another Leopold Elgar who had been convicted in Ireland. Mr. Elgar in this trial had never been convicted of theft. A number of clients cancelled their deals with Elgar because of the story and he sustained considerable losses. Elgar later sued the newspaper, Dmitri, and Buck. What would he sue them for? How successful would he be against each defendant? In explaining the case against each defendant, discuss any possible defenses the defendants might have. (4 marks)

Winston Montgomery-Fletcher walked into Hamish’s Haggis Palace Restaurant, owned by Hamish MacDuff. As soon as Winston spoke to ask for a table, Hamish recognized his accent and said “I’ll no hae any of you Sassenach (English) swine in my restaurant. You have treated the Scots badly for centuries. We do not serve Sassenach (English) in here. Gang awae (Get out)! “. Winston was jolly well upset and left. Can Winston make a successful case under the Charter of Rights and Freedoms? What about the BC Human Rights Code? Explain your answer. (2 marks)

Sarah was a student in a business law class with 23 students. She had what she thought was a bad cold. For three days, she was feeling poorly including sneezing, vomiting and coughing. She went to class on Saturday anyway. She sat next to Firoz, another student and he used her text book and borrowed her pen. She coughed a few times in class. Two days later, Firoz came down with what Sarah had. The doctors later told them both that it was a very rare kind of virus. Sarah’s illness cleared up quickly. Firoz, however, had the normal reaction to the virus and was sick for four weeks and missed three weeks of his self employed worked. Firoz wants to sue Sarah. Analyze his claim in negligence under the four elements necessary for a successful case. (4 marks)

The Krankenhof family has been involved in a bitter dispute over a will in which the family patriarch left all of his money to two of his children but none to the other three. All the children are of the age of majority. Both sets of children have hired lawyers who have advised their clients that they have a pretty good chance of success if this matter goes to court. The parties agreed to try to mediate the matter and hired a mediator. The mediation agreement, which they all signed, said that the mediator would have two days to do the mediation. Near the end of the second day, the mediator became frustrated at the lack of progress. She finally said. “You are all being unreasonable. I have considered the case and have decided to award the set of children who are mentioned in the will two thirds of the estate. The other third will be divided between the other children. I will draw up the agreement and send it to you for signature.” You are a good friend of one of the children who will share in one third of the estate. He is very unhappy and has asked you for your comments on what the mediator did. Comment on the mediator’s action giving reasons. (2 marks).

You operate a trucking business in Smithers, BC. An administrative body, the Truck Transport and Carrier Commission, is responsible for regulating the trucking industry in BC including licensing goods and enforcement. Your business has a truck transport licence from them. Today you were served with the following letter that stated: “Take notice that the Truck Transport and Carrier Commission will hold a hearing at 9 a.m. at 517 Balvenie Street, Smithers in two days from the date of this letter for the purposes of determining whether or not your license to operate a trucking business should be taken away.” Explain two legal defects in this notice, and their effect. (2 marks)

The BC Government was concerned about the alarming number of deaths (43 in the past two months) from a new illegal drug called Twitteradia. The deaths were all of people between the ages of 18 and 25, and the drug is used almost exclusively at “raves”. The government accordingly passed the Banning of Raves Act. One paragraph of the Act reads as follows: “No group of more than 15 persons between the ages of 18 and 25 may gather together at a venue in which Rave music is played.” Ignoring any problems with the wording being too vague or not specific enough, name two legal challenges that could be brought against the Act. What defense or justification might the government be able to raise against those challenges? If the courts struck down the Act, is there any way the government could pass a new Act containing exactly the same provisions? (4 marks)

BONUS QUESTION

Wang, Baljinder, Krutov and Co, an accounting firm, prepared some statements to be given to the directors of one of the corporations they worked for. The directors had asked them to prepare these but to keep them confidential as they were for the directors’ use only. One of the cleaning staff saw the statements, improperly made a copy and gave it to his brother-in-law who was a self-styled investment counselor. The brother-in-law made more copies of them and got several of his mostly elderly unsophisticated clients to invest in the corporation. The corporation went into bankruptcy three months later. It turned out the statements had been prepared negligently and gave a much rosier picture of the corporation than was accurate. Explain if the investors have any action against the accounting firm. (2 marks)

After reflecting on the text’s explanation for our high rate of divorce, do you think that a substantial reduction of this rate is likely in the foreseeable future? How might we attempt to attain such a reduction? Would the social consequences of such a program be, on the whole, socially beneficial?

Be sure to support your response with information you gleaned from the readings and other research you might have done.(citations and references) At least 300 words minimum.

2) Research Paper—First Draft (Due Wednesday 9:00pm) Pick up off of last week outline (background checks)

The student will submit a detailed draft of the research paper. The first draft must contain the paper’s introduction, thesis, outline, body, and conclusion. It must also include citations and a reference as described in the APA manual 6th edition. The first draft does not need to be complete; however, it must contain all the elements noted in the grading rubric. The body must be at least two pages (not including the reference page) and must reflect a good faith effort on the project.

(Discussion 1) For this discussion, respond to the following: 250-300 words with 2 References

Discuss why our infrastructure is so vulnerable.

• Identify and describe some of the best practices that work most effectively with public and private partners to enhance the nation’s cyber security

(Discussion 2) 250-300 words with 2 References

After reviewing the assignments you will be prepared to discuss the importance of the National Infrastructure Protection Plan (NIPP) in protecting our nation’s critical infrastructure. Under the NIPP, responsibility for all 16 CIKR sectors is now given to the DHS as opposed to spreading responsibility among the respective federal agencies. For example, responsibility for all nuclear reactors, materials, and waste has been delegated to the Nuclear Regulatory Commission (NRC). For this discussion, respond to the following

Make an argument for, or against, the NIPP approach to CIKR security for an effective cybersecurity and critical infrastructure plan. Include the possibility of a “cyber war.” Support your position with cited and referenced sources.

Prepare: Critical reading and writing are essential to being a successful student. An important part of being an intentional learner is developing reading and writing strategies that work best for you. There is no “one size fits all” recipe for academic success. The Week Three Instructor Guidance lists strategies to help you become a more intentional reader and writer based on each Learning Pattern.

Critically read Chapter 3 and view the video (above). The video shows the unique thinking and writing processes of individual learners as they approach a college-level assignment.

Reflect: Since all four Learning Patterns contribute to excellent writing, consider how the Patterns you Avoid are needed just as much as those you Use First. Practice critical thinking as you reflect on the writing challenges Makayla, John, Paul, and Raheem face in Section 3.3.

Write: After considering the scenario of each learner, address the following:

For each of the four learners, provide a minimum of three to four sentences of advice for how they could have used their Learning Patterns with intention in each scenario. For example, Makayla was ruled by her Sequence. What would you recommend that she do to overcome her dependence on Sequence when approaching writing tasks?

List your LCI scores. Based on your own unique Learning Patterns, identify two specific strategies to enhance your critical reading skills and two specific strategies to enhance your critical writing skills. Select strategies presented in Chapter 3 and/or the Week Three Instructor Guidance and explain how you will apply each of the strategies you have identified.

Your initial post should contain a minimum of 250 words.

Respond to Peers: Review your classmates’ posts and respond to at least two, each with a minimum of 50 words. Consider comparing and contrasting the strategies for college-level reading and writing your peer identified with your own Learning Patterns. Could these strategies support your learning preferences? Why, or why not? Provide suggestions for additional reading and writing strategies to help your peers use their Learning Patterns with intention.

Think about it this way…

This discussion is asking you to do four things:

Read the four learner stories from section 3.3 of your text. Provide advice to each learner that encourages intentional use of their Learning Patterns.

List two critical reading strategies and two critical writing strategies from Chapter 3 and/or the Instructor Guidance that could help you approach college-level reading and writing with greater intention and include your LCI scores.

Explain how you will take action on these strategies.

Respond to at least two of your classmates’ discussion posts. Use the “Response to Peers” to assist you with your reply.

Type a heading for each section (e.g., My Advice for Makayla, John, Paul, and Raheem), and then write the information under each heading in complete sentences. This helps the reader quickly identify each section and helps you know that you have covered all of the requirements for this post.

MY LCI Scores:

Sequence (31) use first.

Precise (25) use first.

Technical (18) as needed

Confluent (22) as needed

3.3 What Is Critical Writing?

The Role of the Author’s Voice

Words mean more than what is set down onpaper. It takes the human voice to infuse themwith deeper meaning.

Maya Angelou (2009, p. 95)

Criticalwriting, like critical reading, depends upon yourcognitive processes performing myriad tasks with remarkablespeed. The main task, simply stated, is to communicate from theinside out by having the mind convert its internal thoughts toexternal expression (Johnston, 2005). Needless to say, criticalwriting is just as challenging a skill as critical reading. It requiresyour language processing “muscles” to be “flexed” regularly, sothey are ready to do some “heavy lifting” to place words in clear,logical, persuasive order—just like you need to keep real musclesstrong to be able to move and lift objects as needed. It takes practice, and the more you do it, the better you get.

For the college student, critical writing takes many forms (short answers, paragraph responses, postings, essays,research papers). Regardless of the required format, gathering your thoughts from inside your mind and presentingthem for public view can be the most challenging and, in some cases, the most agonizing of human acts.

The following depicts in words what the writing process involves in terms of the brain-mind connection:

When you write you are
recording,
expressing,
articulating,

communicating your
thoughts
feelings
experiences
ideas in

symbolic representation by consistently using
lines scratched on paper or
symbols digitally relayed from a keyboard to a screen
that have the same meaning each time they are viewed by the human eye and

translated by the brain’s neuro-receptors and
interpreted, and either
immediately relayed to the recipient or

stored by the working memory for
retrieval and
expression
at the appropriate time. (Johnston, 2005)

Critical Writing and Your Learning Patterns

Just as in the case of critical reading, critical writing also involves the intentional use of your Learning Patterns.Remember Diana? The artist and poet in Chapter 2 who was commissioned to write a book pairing her poetry and art(S25, P28, TR16, C25)? While she was thrilled with the opportunity, and ultimately produced a beautiful publication,the process for her was both stressful and rewarding. Her Patterns of Use First Precision and Sequence set off alarmsin her head. How to begin? How to get her paintings into a digital format? What will it look like? Will anyone want toread it?

Once she had a clear plan of how to proceed and was confident that itwould evolve into something to be proud of, her Confluence (25) tookover and she paired her art with her words. Along the way, she struggledto interact with her editor and to consider what each comment’s impactwould have on her work. In the end, Diana succeeded in using all four ofher Patterns because she recognized that establishing order and accuracyallowed her to feel in control and allowed her Confluence to guide her inher selections of art and poetry.

Just as Diana used her Patterns to write critically, so too will you berequired to use your Learning Patterns to write critically in order tosucceed in your online program. Remember, there is no “perfect” Patternor combination of Patterns, and in the end, there are no excuses for notcompleting a task because of your patterns.

As you look at Table 3.4, “Two Approaches to Writing,” notice thecontrasts in the two writers’ approaches. Do you identify with eitherwriter or with portions of what they’ve said? How do you feel aboutdeadlines? How do you plan when you need to write something? Do youdo everything you can to avoid putting your thoughts into words? Or do you look forward to expressing your thoughtsin written form?

Anticipation: “I had to make room in my life to gatherthe poems [and paintings].”

Anticipation: “I can’t believe I have to write what I’mthinking. That’s really nobody’s business, is it? Is thiswhat I’m going to have to do for each course I takeonline?”

Oncompilingcontent: “I had no idea of how to makethe selections. I have piles of work in my studio.Should I go through all my paintings? What should Ido? I stalled for a few months on that task, needingdirection.”

Oncompilingcontent: “I’ve revisited some of my notesand research. Lots of good ‘stuff.’ Wish I could justsubmit it in this form. Why do I have to put it into myown words, when the experts say it so much better?”

Planning: “I broke up all the book tasks into smallertasks and goals such as:

· Today I will edit poems from the summersection.

· Tomorrow I will print them.

· The next day I will mail the hard copy to myeditor/publisher.”

Planning: “I got the outline done. I’m good atstructuring things, at developing the logic behind mythoughts, but I just don’t want to put words to it all. Itstresses me out. I can’t get it from my head to thescreen. And even when I do, I don’t think it’s verygood.”

Deadlines: “I have more than one thing due at thesame time. I hate that. I don’t juggle well. It takes mea long time to express my thoughts in writing. It’spainstaking. If I could do one thing at a time, I coulddeal better with these deadlines.”

Revisions: “After all the writing was submitted to thepublisher, and he returned each poem from eachsection with his suggestions written all over witharrows, lines, etc., I had to decipher what he hadwritten, then make decisions about whether or not tomake the changes.”

Revisions: “I ‘get’ what my instructor is saying. It’sjust, I got the writing done and now you want me tore-do it? Why? I said what I had to say, and now yousay it wasn’t clear. You want me to use more precisewords and clarify what I said. Well, at least youthought it was logical.”

Writing for Your Audience

Everything is written for an audience, and for a specific purpose. The instructions that come with your iPad are writtenfor you, the owner, and their purpose is to explain to you how to load it with your favorite applications and get themost out of your new toy. Shakespeare wrote Hamlet for his Elizabethan-era audience, and for future generations ofplaygoers, and his purpose was to entertain his audience and expose it to profound ideas about human nature. Whenyou leave a note for someone, you write it with the person in mind and for a specific purpose.

When you write an essay for a timed, standardized test, consider the scorer of the test. Your purpose is to show thatyou can successfully answer the question in the way the test reader wants it to be answered. This goes for whateverwriting task the question requires—persuasion, analysis, and so on. Your Learning Patterns can play a big role in whatyou write and in how well you interpret the assignment.

Using Your Learning Patterns to Master Critical Writing

Critical writing, like critical reading, relies on the development of intentional skills. What you write for college coursesneeds to be accurate, logical, carefully reasoned, and thoughtfully crafted. One way to learn the skill of critical writingis to read the work of other writers and to use their methods as models to follow. Understand how you learn and thenread about the experiences of others similar to yourself, so you can identify how to deploy their strategies in order toimprove your writing.

Armed with the knowledge that all four Patterns contribute to excellent writing, and that you’ll need to focus on thosePatterns you Avoid almost as strongly as those you Use First, carefully read the following stories of writing”experiences.” See to whom you most relate. Identify how you can develop your critical writing skills by learning fromthese writing models.

So Much to Do; So Little Time

You want me to fill out the inventory. Then youwant me to do this other form. Now you wantme to write. Which is more important? I can’tget it all done.

Makayla (psychology major)

Sequence

With her Use First Sequence, she did not often succeed on timedtests, as she seemed mired in cement when she became stuck onan answer. Where others would skip to the next question,Makayla would linger. Where others might start in the middleand jump around to answer questions, Makayla held steadfast toanswering in order. If she logged on to her online group siteexpecting to find information or postings, she was stymied if what she needed wasn’t there at that particular moment.She found it difficult to move on to another task and to check back later.

Makayla was ruled by her Sequence, almost to the point of paralysis. She frequently emailed her instructor (often asshe worked late into the night) for more instruction on assignments. She’d send paragraphs to her to be sure she wason the right track.

Makayla executed her papers well, but found that she received lower grades for “lack of originality” and being “unableto present any new or different” ideas.

Does this mean that people high in Sequence aren’t creative? Absolutely not! It means recognizing that it’s okay to calmyour Sequence and to let your Confluence offer up ideas.

Hints for Writers Who Are Short on Confluence and Long onSequence

Here are a few tips to help Sequence users get started writing—and keep going:

Picturea hotel desk bell on your Now pick up a pen and start brainstorming ideas forthat project you’re avoiding. Every time you allow thoughts of “That will never work,” or “What willthat look like?” or “We’ve done that before,” ding that bell. Write every idea down. Don’t stifle yourcreativity by censoring yourself. One idea leads to another. You may not invent something, but yousurely can tweak an existing idea or concept.

Youmust get past the idea that you need an opening paragraph in order to Essays and reportscan be written in sections, and not necessarily in order. Start in the middle. Come back to thebeginning and write an introduction once your main points are down on paper. Eventually you willsee your argument or story as a whole, but for the time being, be willing to develop sections as theyunfold in your mind. Afterward you can put them in the order that makes the story or the argumentflow and add the introduction and conclusion.

Mostimportant of all is to write free of the rules that keep you grounded and Write. Getyour thoughts down first; then pay attention to spelling and punctuation, verb tense, and exactwording.

When You Are LieutenantPrecision

Speaking of winning, I finally got my ownroom. It has spiders and the AC is weak and isright across from the port-a-potty so outsidemy door smells horrible, but it is a 6.5′ x 6.5’space all my own.

John (Army scout)

Precision

For families and friends with loved ones who are deployed,letters or emails are priceless. The boxed quotation from John(S27, P32, TR21, C23) helped his family picture his room in thebarracks when he was first deployed—but the one belowconfused them as they planned their reunion with him inGermany. It illustrates how his extremely high Precision made itdifficult for him to write a simple message. Someone low inPrecision would have written a much different, more directmessage, especially when pressed for time. That message mighthave read: “Wait to hear from SSG Smith to buy ticket. I’m notgetting up to date info in transit.” Our young lieutenant with highPrecision, on the other hand, writes the following:

Ok, at Shank finally. Sounds like Main Bodies 3 and 4 are being put together to fly (meaning we wait for afew extra days for them), so that date SSG Smith gave you is probably closer to correct than what I wasthinking. Everything has/will change, so at this point don’t trust anything from me and just buy thetickets a day out from when he tells you. Sorry it’s chaotic. Took me an hour and change to fight my wayto an MWR so I still won’t be online much longer than it takes to send this. Basically just wait until theabsolute last minute to buy any tickets and late is better than early when it comes to arriving. Whoknows how long I’ll be stuck somewhere beyond what we’ve been told. (John, Army scout)

While he feels almost compelled to give details, including the use of acronyms unfamiliar to the reader, he ends upwriting a convoluted message. Knowing your audience and purpose is crucial for every writer, but most often for thosewho are highly Precise.

Not surprisingly, Precision can get a writer into trouble in academic situations. If asked to write a 1500-word essay, awriter high in Precision feels frustrated. “How am I supposed to fit all this into three pages? I didn’t even get a chanceto talk about X, Y, and Z!” While others may struggle to fill a page, a person high in Precision sees every detail asimportant and doesn’t want to cut what’s been written.

On the other hand, those who Avoid Precision frequently feel they have nothing to say and have trouble starting theirfirst draft. After they have finished a draft, it may lack details or contain grammar or spelling errors. They feel lost orfrustrated as they worry that it’s just not going to be good enough.

When You Are a Person of FewWords

In my mind, I see everything as a machine.When I look at something, I see how it worksbut I struggle to explain to others withoutpictures or physically moving or pointing.Usually I’ve been the guy who tags along butcontributes little to the conversation.

Paul (physical science major)

TechnicalReasoning

You may have asked yourself at some point, “What do scientistsneed to know about writing? Why make them take a writingcourse?” Interestingly, it’s the scientist who can write thatemployers seek. In order to get new business, science andengineering companies need to write proposals for grants andother funding. They need to publish their findings, and they needemployees who are able to communicate effectively with bothgroups and individuals in writing. More and more, students whograduate with competence in their majors and who possessstrong writing ability are the ones who get the jobs.

As you might suspect, many science majors are Use FirstTechnical Reasoning. Paul is a “grease monkey” and proud of it. By his own admission, he never took class notes. Hecontended that he kept everything “in his head.” However, when he did not use his Learning Patterns (S20, P16, TR33,C24) with intention, he earned a failing grade because he did not follow requirements for his papers—there wereimproper headings, incorrect fonts, missing page numbers, and other formatting gaps—and he did not provide enoughsupport from research for his ideas. He finally made an appointment to discuss things with his writing instructor.

She advised him that he had to tone down some of his Technical Reasoning and recognize that his avoidance ofstructure and what he considered to be “lengthy” paragraphs could be what was leading to his failing grades. Hisgrades were a wake-up call to him, and he sheepishly admitted that he hadn’t bothered thoroughly reading theresearch he’d found in the library’s databases but had skimmed through the abstracts. Paul blatantly ignored the veryskills central to being a critical reader and writer.

By nature, Technical Reasoners like Paul would rather “show” than “tell,” but with an awareness of who you are as alearner and how you approach writing, you’ll be better able to express yourself in writing. With practice in pre-writing,drafting, and editing, your writing skills will improve.

When You Let YourConfluence RunAmuck

I can be easily annoyed, but I don’tworry very much. That’s whatmakes me different. I plan tosucceed by chance.

Raheem (sociology major)

Confluence

Raheem’s quotation was what constituted his entire first submission in hiswriting course. When questioned about its length and its philosophy (hisidea of succeeding by chance), his response was, “It’s worked so far.”

“Why such a short essay?” his instructor inquired.

“Pretty much sums it up,” he replied.

Unfortunately his decision to follow a devil-may-care attitude was onlybolstered by his Use First Confluence and his high Technical Reasoning.Raheem was a “man of few words” who decided to live by chance, which puthim in jeopardy of compromising his academic success.

A few weeks went by and he produced zero research. His score of 11 in Sequence meant that when called on toresearch a topic, he would need extra focus and concentration on the sequential tasks of searching and taking notes.Group work was a nightmare for his teammates. He was entertaining, but he rarely contributed anything of substance.Raheem dismissed his Patterns as “hocus pocus” (S11, P16, TR28, and C31) and continued to rely on his idea of lettingchance take care of him. As more deadlines passed and the incompletes piled up, it became clear that he was not goingto pass the course. His decision not to employ critical thinking caught up to him.

As you read in Chapter 4 section 4.4, the centerpiece of the rehearsal phase of metacognition is the strategy card. After decoding tasks and strategizing how to FIT your Learning Patterns to the task, you can use your knowledge of your Learning Patterns to develop personal strategies to direct your efforts. The most efficient way to do this is to develop a personal strategy card.

Strategy cards convert general study skills into personalized strategies for learning based on each learner’s Patterns. Personal strategy cards are essential to effective rehearsal because they help you address the requirements that you have decoded from the assignment and they help you connect to the instructor’s expectations. Strategy cards help you organize your approach to achieving success on the task. They allow you to practice “smarter, not harder.”

You are more effective when you develop a strategy card for each major task or assignment. In doing so, you become more disciplined and you match your efforts to each requirement. In preparation for your reflection assignment that you will complete in Week 5, we will use the Week 5 Final Reflection assignment instructions for the decoding section of this strategy card. This way, next week, you’ll be able to approach your assignment with intention as you skillfully apply your Learning Patterns.

Carefully describe the degree to which you use each of your Learning Patterns.

(Refer to the Personal Learning Profile you developed for your Week Two assignment and any feedback provided by your instructor to determine if you need to refine your responses as you complete this section.)

Sequence:

Precision:

Technical Reasoning:

Confluence:

Identify all verbs and specific terms from the assignment instructions and describe how each Learning Pattern will be used to effectively complete the Week 5 assignment.

(Critically review the Final Reflection assignment in Week Five and decode it.)

Sequence:

Precision:

Technical Reasoning:

Confluence:

Explain how you will Forge, Intensify, or Tether (FIT) your Learning Patterns to implement personal strategies so you can complete the Week Five assignment efficiently and effectively.

(If you do not need to FIT a Pattern, include a description of the strategies you naturally use which help you to be successful on these types of tasks.)

Sequence:

Precision:

Technical Reasoning:

Confluence:

Click to view a Model Personal Strategy Card (tips included!). Many students have found that the instructions in this guide was invaluable for completing the assignment successfully.

Section B: Carefully describe the degree to which you use each of your Learning Patterns. Refer to the Personal Learning Profile you developed for your Week Two assignment and any feedback provided by your instructor to determine if you need to refine your responses as you complete this section.

Section C: Critically review the Final Reflection assignment instructions and decode them. Click here to download a copy of the Week 5 Final Reflection instructions (in the online classroom). Identify all verbs and specific terms from the assignment instructions and describe how each Learning Pattern will be used to effectively complete the Week 5 assignment.

Section D: Explain how you will forge, intensify, or tether (FIT) your Learning Patterns to implement personal strategies so you can complete the Week Five assignment efficiently and effectively. If you do not need to FIT a Pattern, include a description of the strategies you naturally use which help you to be successful on these types of tasks.

Save your work and then submit your Word document using Waypoint.

4.4 The Action Phases of Metacognition

What follows is a list of the action phases that your mind goes through as it completes a learning task. The terms (seeFigure 4.2) are words chosen to represent what occurs in each phase.

These are not scientific terms, but instead learner-friendly descriptive words that allow a student to observe andunderstand what is going on in his or her mind. They were chosen to help students respond to the age-old question:”What are you thinking?” and the equally frustrating criticism frequently leveled at them: “You know I can’t read yourmind!”

Phase 1: Mull

Virtually all tasks begin with some form of mulling—meaning you get inside the assignment or the task and seek tounderstand, “What am I being asked to do? Have I ever done this before? What were the results? Do I want to repeatthose results or avoid them?” You don’t start to do anything until you have a sense of where you are going and howyou are going to do it. If the voices of your Patterns are crying out for clearer directions or a greater sense of purpose,then ask for what you need. Don’t let the frustration of not knowing how to start the task escalate from simmeringquestions to boiling anger. Mulling is healthy; boiling isn’t. To avoid reaching that level of frustration, clarify what isexpected of you by decoding the assignment.

Decoding is a learning strategy that helps you mull and connect metacognitively to the instructor’s expectations. Thegoal of decoding is twofold: 1) to identify and clarify the intent of the directions—that is, what the instructor expectsfrom you; and 2) to complete the task in the way your instructor expects it to be done.

A pivotal tool to assist in decoding is a word wall; it is a chart divided into four sectors, with each sector labeled for adifferent Learning Pattern (see Figure 4.3). By using the cue words from the word wall to indicate what Patterns arerequired to complete the task, you can decode assignments, objectives, or any course-related task.

Figure 4.3: Word Wall

Which decoding words do you think will help you decipher assignments the most?

When you are just beginning to learn how to decode, use a generic word wall. As you become experienced at findingthe cue words in your assignments, add more of them to the word wall. As you take more specialized courses, buildyour own word wall by identifying the key terms associated with each subject and associating them with each of thefour Learning Patterns.

Decoding tasks accurately is the main point of mulling. The steps to decoding are the following:

First, read the directions for the task.

Next, circle the verbs, specific terms, and titles that are intended to direct you.

Then, using the word wall, find the words you circled within the assignment, noting the Learning Pattern that eachword falls under. Go back to the directions, and above each word, write the first letter of the Learning Pattern it isdirecting you to use. See Figure 4.4 for an example.

Figure 4.4: Decoding an Assignment: Critical Thinking

Decoding a task is an efficient way to discern what the task requires.

By breaking down the assignment into the Learning Patterns required, you have a much clearer understanding of whatis expected of you. At least three of the actions to be taken require the use of Precision. Only one requires Sequenceand one requires Technical Reasoning. This assignment calls for no Confluence. That means that the instructor is notasking for your outside-the-box ideas or unique perspective. The instructor wants an accurate description of criticalthinking (Precision) presented in a concise (Technical Reasoning) bulleted list (Sequence). Decoding the task clarifiedhow to proceed and meet the instructor’s expectations.

Now try your hand at decoding the task described in Figure 4.5. Which would you circle as the key action words andspecific terms and titles? Refer to the word wall to find each of your circled words, and determine the letter of theLearning Pattern that should go above the word(s). Remember: All terms and phrases fall under Precision even thoughthey may not be listed specifically under that category.

Figure 4.5: Decoding an Assignment: Transformational Learning Process

The more involved the requirements, the more important it is that you decode the assignment beforestarting.

What specific Learning Patterns are going to be required to complete this task? Can you identify when you will need tobe using one Pattern more than another? Knowing the Patterns that you will be called upon to use when completing aspecific task helps you feel more confident about what the instructor’s expectations are for the assignment, and whatyou are being asked to do to complete it.

Dan, Cassie, and Nia all need to learn how to decode their assignments; it will save them valuable time, improve theirlearning outcomes, and increase their grades. Remember Dan’s dilemma? Instead of generating ideas or organizing histhoughts, Dan became fixated on the belief that he had no idea what he was supposed to be doing. Cassie was faringeven worse: She sat in front of her computer rereading the directions for the assignment, trying to guess what theinstructor wanted her to do. Nia didn’t even realize that she needed to take the time to mull and decode theassignment, which required a critical analysis with support from three sources. She simply wrote a paper stating heropinion of the article.

All three used their study time inefficiently and ineffectively because they did not take the time to mull the assignmentand decode it. If they had, they would have saved valuable time and submitted work that matched the expectations ofthe instructor.

Phase 2: Connect

The second action phase of metacognition is the act of mindfully connecting to the assignment. If you have mulled anddecoded the assignment accurately, then you begin to make connections to the requirements of the task. Of coursethere are various types of assignments, but most involve critical reading and critical writing, and each requires that youinteract with text.

Connecting to Your Reading

Using the steps below to guide you, connect your ideas and experiences to the content of an assigned reading(s):

As you’re reading, think of a similar assignment you’ve had in the past. In your mind, can you begin to comparewhat you are reading now to what you have read in the past?

Search for relevancy in the assigned reading. “Deep read” the passage, rather than skimming it.

Anticipate the conclusion of the assigned reading before you complete it. Are you surprised by the outcome?

Understand what you are reading:

Look for a thread of logic or a progression of thought (e.g., Step 1, Step 2, Step 3).

Pick out new terminology and look up words you didn’t know.

Search for the central point; pull it together from different parts of the reading if it is not explicitly stated.

Consider the reading from several different angles.

Connect to the points in what you are reading by asking yourself:

Do you feel you were “of like mind” with the author?

Do the facts speak to you?

Can you relate your own experiences to its message?

Do you see any parts of the reading as a jumping off point for your own thinking?

Regardless of the type of assignment, intentional learners use their Learning Patterns to connect to the task, first bymulling and decoding, and next by connecting to it.

Neither Dan, nor Cassie, nor Nia invest in connecting to their assignments. Each allows personal issues, including self-doubt, fear of failure, and lack of personal investment of time, to get in the way of completing the assignmentsuccessfully. None is likely to succeed on current or future assignments if each continues his or her current approach.Conversely, if they allow their Patterns to guide them in connecting fully with the task at hand, they are much morelikely to succeed (Johnston, 2005; Johnston, 2006).

FIT: Forge, Intensify, Tether

A second aspect of connecting to the assignment involves fitting yourself to the task. FIT is an acronym comprised ofthe first letter of the words Forge, Intensify, and Tether. FIT describes the type of self-regulation you need to use inorder to fit your Learning Patterns specifically to the task you are facing. Your goal should be to match the amount ofeach Learning Pattern required of you to the amount of that Pattern you use.

Take for example, the task decoded earlier (see Figure 4.4):

“Write in bulleted form a brief description of critical thinking.”

When decoded, you recognize that the task requires you to use Precision (as noted by three different terms, write,define, and critical thinking) first and foremost. Suppose your Precision, at a score of 18, is borderline Avoid/Use asNeeded. In order for you to complete the task successfully, you will need to temporarily increase or forge yourPrecision to fit the task. Once you are conscious of the possible disconnect between the assignment and your LearningPatterns, you can do something about it. Even though you don’t enjoy operating at a high level of Precision, you areable to do so once you recognize what the task calls for and you find a strategy to help you increase your Precision tocomplete the task.

As noted in Figure 4.5, the assignment you decoded requires you to do the following:

Of the 17 key words decoded in this assignment, 12 require the use of Precision. Two require Sequence, and threerequire Technical Reasoning. None requires the use of Confluence. Clearly the assignment requires a great deal ofPrecision and a moderate use of Sequence and Technical Reasoning. But what if your Learning Patterns don’t match theassignment? Do you give up? No, you take action and forge the Pattern until it fits the level of Precision required by theassignment.

Forge

The term forge is intended to be applied to those Patterns that fall between 07 and 17 on the LCI “degree of use”continuum. The purpose of forging a Pattern is to increase the use and performance of it. Forging requires you to workin a way that you would usually prefer not to. However, because you know the Pattern is necessary for the task, youseek to make proper and appropriate use of it. Impossible? No. Does it require your attention and intention?Absolutely! It also requires an increased use of mental energy.

The amount of mental energy needed to alter your natural level of performance in a Pattern is directly related to thedegree you are required to use it. For example, Dan avoids Confluence (14). He is not a risk-taker, and this assignmentis asking him to do something he has never done before. In addition, he almost avoids Precision (18). Therefore, whenhe is required to “write, describe, and explain” a specific term, his tendency to avoid Precision has him feeling stressedand filled with doubt about his writing ability. Consequently, he needs to use a significant amount of energy to intensify(energize) his Precision and forge (increase) his Confluence in order to free himself to take on the assignment andbelieve he can achieve.

Cassie, too, has a Pattern she avoids: Technical Reasoning (10). It is not easy for Cassie to problem-solve. By notknowing how to use her Technical Reasoning to ground her Precision (29) and make it work for her, she allows hermind to go round and round in circles, never certain of what to do or how to proceed. Her Technical Reasoning couldprove helpful to her in completing the assignment if she knew how to put forth the mental energy to forge its use. Forexample, she could use her Sequence to plan a step-by-step approach to forging her Technical Reasoning and solve theproblem she is facing.

Forging is a metacognitive skill that takes patience, practice, and determination. Forging a Pattern is a challenge. Thesame is not the case if you use a Pattern at the Use as Needed level. Then increasing the use of it requires only thatyou intensify it.

Intensify

The term intensify is intended to be used with the Patterns that you Use as Needed. Use as Needed Patterns scores fallfrom 18 to 24 on the LCI continuum. They are the “quiet” ones that stay in the background until called upon. If theyoperate closer to the Avoid edge of the Use as Needed continuum, then they remain almost dormant unless awakened.If they operate at close to the Use First edge of the Use as Needed continuum, then they are more actively and readilyavailable for use without a great deal of effort. Your Use as Needed Patterns provide a rich set of options for you. Theyprovide a counterweight to the extremes of your Use First and Avoid Patterns.

Dan, Cassie, and Nia provide you with good examples of how their Use as Needed Patterns can help balance the use oftheir other Patterns. Dan Uses Precision as Needed, while Nia Uses Technical Reasoning as Needed. Cassie has two Useas Needed Patterns, Sequence and Confluence. If they were aware of the potential power of their Use as NeededPatterns, their study sessions would be more productive. Dan could intensify his Precision and use the increasedenergy to address the degree of Precision the writing assignment is calling for, thus raising his confidence and loweringhis self-doubt. Cassie could awaken her Sequence and use it to feel more secure in following the assignment’sdirections. She could also use her Confluence to lessen her fear of doing the assignment incorrectly, and instead, freeup her Precision to be willing to take a little risk and trust that she is using the right words when she makes herpoints in her analysis.

Nia also has a Pattern that could help her regulate her study behaviors. In Nia’s case, it is her Use as Needed Pattern ofTechnical Reasoning. If she were to intensify it, she would be better prepared to complete her written responsebecause her Technical Reasoning would demand that she carefully craft it to meet the assignment’s specifications. Ofcourse, Nia also has three Patterns that she Uses First that drive her behaviors as a student in ways that are not alwaysproductive. In many cases, she needs to tether them.

Tether

The term tether is applied to those Patterns you Use First. These are the Patterns that fall into the 25 to 35 range onthe LCI scoring continuum. These Patterns drive your life and your learning.

Of course, the challenge of using a combination of Use First Patterns in concert with your Avoid and Use as NeededPatterns is to do so with intention. In the case of your Use First Patterns, you must stay alert for when thesedominating Patterns need to be tethered—that is, pulled back, held down, or restrained.

Tethering involves addressing those mental processes that leave you feeling self-assured and confident. Theysometimes must be restrained because Use First Patterns do not necessarily represent competence. Their confidence issometimes misplaced, particularly when they are not the dominant Patterns required for a task. Thus, tethering yourUse First Patterns helps you gain perspective and anchors you to the current reality of the assignment, and it preventsyou from getting stuck trying to do things the assignment doesn’t require or allow.

Dan, Cassie, and Nia all have Use First Patterns that warrant tethering because even Use First Patterns can mislead alearner. For example, Dan could benefit from tethering his Technical Reasoning (30), his tendency to use few words,which can inhibit his Use as Needed Precision (18). In the case of the assignment calling for an analysis with detailedsupport from three sources, he needs to intensify his Precision and tether his Technical Reasoning in order to write apaper of an acceptable length, with sufficient supporting details.

Cassie could benefit from tethering her Precision (29) because it makes demands for perfection on virtually everythingshe does. Her Sequence (20) never organizes well enough; her Confluence (22) never has good enough ideas; and herTechnical Reasoning (10) is virtually ignored because it doesn’t help her have the precise words to assist her whenwriting. When Cassie doesn’t tether her Precision, all of her other Patterns are stifled.

Nia’s three Use First Patterns are a force to be reckoned with. Collectively, her Sequence (33), Precision (32), andConfluence (27) have her believing she can tune out the rest of the world and listen only to what she perceives to bethe right structure (Sequence), the best answer (Precision), and the greatest idea (Confluence). Tethering for Nia isvital. Only then will she be able to connect to the world outside of herself. Left untethered, Nia is destined to continuedown an isolated pathway as a Strong-Willed learner unable to recognize how she allowed her Patterns to ambush hersuccess.

“FITing” your Patterns to a task takes energy. The task at hand must be carefully and accurately decoded. The amountof resources needed to accomplish the task needs to be carefully assessed. Consequently, it is vital that you giveyourself the space emotionally, mentally, and physically to FIT your Patterns to the task. Build in opportunities toregenerate your energy if you have been tethering or forging your Patterns for several hours at a time, because themental workout you will experience is every bit as tiring as an hour or two at the gym.

Know, however, that the effort is well worth it. Never underestimate the tremendous feeling of accomplishment thatawaits you when you have succeeded in completing a task to a degree that you have not achieved before. Always keepin mind that “Learning strategies are most effective when students can make informed choices about which strategiesto use in particular learning situations” (Lovett, 2008).

Phase 3: Rehearse

A change in study behavior does not happen without practice. The metacognitive term is rehearse, a robust form ofpractice. Rehearse involves studying the situation, preparing to meet expectations, running through the actual sequenceof completing the assigned task or test, and then repeating the actions for the purpose of improving your performanceor outcome. The rehearse phase allows your Patterns to go through a trial run to make certain that the performance ofthe task, the completion of the project, and/or the public presentation will meet the standards set by the instructor.Rehearsal prepares for expression by allowing any mistakes to be identified and corrected in advance of submitting thefinal product.

The centerpiece of the rehearsal phase is the personal learning tool called the strategy card. After decoding andstrategizing how to FIT your Patterns to the task, you can use your knowledge of your Patterns to develop personalstrategies to direct your efforts. The most efficient way to do this is to develop a personal strategy card (see Figure4.6).

Figure 4.6: Personal Strategy Card

Strategy cards convert general study skills into personalized strategies for learning based on each learner’sPatterns.

Personal strategy cards are essential to effective rehearsal because they help you address the requirements that youhave decoded from the assignment and they help you connect to the instructor’s expectations. Strategy cards help youorganize your approach to achieving success. They allow you to practice “smarter, not harder.” You are more effectivewhen you develop a strategy card for each major task or assignment. In doing so, you become more disciplined andyou match your efforts to each requirement. Dan, Cassie, and Nia can each benefit from developing personal strategycards to guide their study and completion of work.

Dan begins his next assignment using some personal learning strategies and tools. See Figure 4.7 for the newassignment, which Dan has decoded. Then, using a strategy card, he matches his Patterns to the task, and developsstrategies that will help him see the path to being successful, and thereby motivate him to complete the task efficientlyand effectively.

Figure 4.7: Dan’s Decoding of a New Assignment

After decoding his assignment, what Patterns does Dan now know he needsto use?

Before he understood himself as a learner, Dan would have looked at the task and given up. Now that he knows how tometacognitively make his Patterns work for him, he invests himself in completing the task. Read through Dan’s strategycard (see Figure 4.8). What can you learn from Dan’s example?

Figure 4.8: Dan’s Strategy Card

After decoding his assignment, the personal strategy card helps him FIT his Patterns to the Patterns theassignment requires.

Now it’s your turn. Using the same assignment as Dan, complete a strategy card in Worksheet 4.2. Begin by filling inyour LCI scores and explaining the degree to which you use each of your Patterns. Remember, you can refer to thePersonal Learning Profile you developed in Chapter 2.

Next, look at the assignment again in Figure 4.7. How well does what you are being asked to do match with yourLearning Patterns? Where are your Patterns comfortable? Where do you experience a sense of discomfort? Once youhave identified the fit of your Patterns to the task, begin to fill in your strategy card.

Note that in order to FIT who you are as a learner to the assignment, you may need to use strategies in just one area,or in several. See how well your Patterns match or to what degree you will need to forge, intensify, and tether in each.Then complete the worksheet.

Worksheet 4.2: Your Personal Strategy Card

How will this personal strategy card help you with your next assignment?

Recording the strategies you use to achieve success in one assignment creates a resource bank that you can draw onthe next time you are confronted with a similar one. Having a set of effective strategies also raises your confidence anddecreases your self-doubt. Having personal learning strategies disciplines you to put forth intentional, focused effort.Developing a strategy card requires you to invest, not avoid, and dig deeper, rather than skim the surface of the task athand. Using a strategy card keeps you grounded in the requirements of each assignment and able to use your LearningPatterns skillfully.

Phase 4: Attend

In order to maintain the level of insight you gained about yourself as you rehearsed, you will need to attend to usingthe strategies that brought you to a new level of achievement. Often, students who begin to use personal strategy cardsthat help them understand, study, and complete learning tasks set them by the wayside once they have learned how tocomplete certain types of assignments successfully. They decide to operate on autopilot, based on the strategies theyhave used so far. In doing so, they jeopardize all the study ground they have just conquered. They can quickly findthemselves back to square one, especially when a new type of assignment rattles them. (Author’s note: As one whoavoids Sequence, I frequently create a strategy card to help meet book deadlines or to complete what for me aretedious tasks, such as writing a grant proposal that is based on a strict set of requirements that allow for no deviationfrom the format. It works on many levels, personally and professionally.)

The metacognitive phase that cautions you to attend to—that is, to pay attention to—a task also disciplines you to stayfocused and not waver from the high level of performance you have developed when using your personal strategies.Attending to a learning task is to be in an active state of focus, clearing away distractions, and concentrating on whatyou need to consciously do to complete the task well. To attend means you don’t let up; you’ll continue to operate at ahigh level of focused energy. The reason this is so important is that when you submit your work, or complete anassessment, or in any way perform the action that you have been rehearsing, you want it to occur at the same highlevel of performance that you achieved during the rehearsal phase.

How many times have you seen a playoff in which one team wins its division easily and must wait for its opponents tofinish out a close series? When they finally begin the playoffs, supposedly as the dominant team, the team’s play islackluster. Often, they can’t get back the mojo they had in the earlier round. The team that finishes first often loses itsability to attend at the same level as the rival team that experienced no downtime. The attend phase of metacognitionis when you need to be coaching, encouraging, and challenging your Learning Patterns to be on alert and to continuedoing the work of intentional learning.

Phase 5: Express

To express means to go public with what you have been rehearsing. It’s the real thing. To reach the metacognitivephase of express indicates that you have mulled, decoded, connected, FITed, rehearsed, developed personal strategies,and attended to maintaining a high level of performance. The paper being submitted is your best work. The projectbeing presented is your best work. The comments being posted represent your best effort. All of your effort has beenprocessed and refined. It is the result of not mere study habits, but the metacognitive behaviors of an intentionallearner determined to succeed.

Phase 6: Reflective Practice—Assess, Reflect, Revisit

The final phases of metacognition form the basis of something called reflective practice, which is actually a part ofcritical thinking. Reflective practice is also known as double-looped learning because it takes you back to examine thedefining questions you asked yourself as you entered into doing the assignment (your assumptions, actions, anddecisions) and the results you achieved at the conclusion (success, partial success, or failure). Reflective practice allowsyou to learn from your decisions and actions while determining their effectiveness. Don’t skip these vital stages, as theyhelp you gain confidence and avoid repeating any mistakes.

Assess

The metacognitive phases, when faithfully followed, always include a time to assess. Unlike external assessment ortesting, the assess phase of metacognition means confronting questions internally, such as “What have I reallyachieved?” and “To what degree have I achieved it?”

You need to ask yourself, “What is the outcome of my effort?” and let the feedback from your instructor lead you toconsider the results of your efforts. The metacognitive phase that follows links to this one—it too focuses on thequestion, “What is the outcome of my effort?”

Reflect

When you reflect, you begin your internal conversation with “As a result of my effort, I. . ..” and you conclude with,”Next time, I will. . .” When you reflect, you ask, “Where does the buck stop? Who is responsible for this success? Thisfailure? This mess?”

This is the piece of professional and personal growth you may have been missing. After all, anyone can use the phrase”mistakes have been made” to anonymously attribute failure and blame. But only mindful individuals with a clear senseof their personal Learning Patterns face themselves (Osterman & Kottkamp, 2004) and say precisely, “I screwed up, andI am prepared to take the heat for it.”

Nia, the Strong-Willed learner, avoids this phase of learning at all costs. Her unwillingness to reflect costs her. Usingyour metacognition well equips you to reach a powerful self-awareness and to be open to ask, “What did I allow myselfto do? What did I fail to do? Where did my Learning Patterns steer me off course?”

This is the autopsy of failure and of success. Without intentionally focusing on your actions, approaches, and thoughts,you are doomed to continue to achieve less than you could. You cannot continue to repeat the same actions, believingthat they will yield a different outcome. Reflection requires us to face ourselves—specifically how we have used ourmetacognitive talk and our self-correcting opportunities and how we have failed to do so. This is the key to being anintentional learner.

Revisit

The good news found in reflective practice is that it does not conclude with simply assigning blame or with rewardingsuccess. Reflective practice invites you instead to revisit your metacognitive phases, noting both those that enrichedand those that frustrated your venture. Revisiting metacognitive decisions serves to reinforce the specific strategiesthat led to success and to reconsider those that led to failure. Revisiting grows both metacognitive capacity andpersonal insight.

There is no doubt that when you understand your Learning Patterns and are aware of the internal talk of your Patternsas they work through the metacognitive phases, you are well equipped, as Peter Senge, the guru of professionaldevelopment, describes, “to consistently enhance your capacity to produce results that are truly important to you”(1999, p. 45).

How does an employee with allegations of wrongdoing, based on laws in place that are enforced by the EEOC, file a complaint to the EEOC?

What is the EEOC’s step-by-step process to address allegations? Include not only what the EEOC does, but also how the EEOC includes the employee (one making the allegation) and the employer (one against whom the allegations are made) in its process.

Can the EEOC force cooperate in its investigations?

Can/Does the EEOC initiate litigation on the basis of charges filed with the Commission?

Does termination of the EEOC process limit and/or end the employee’s (one making the allegation) options to seek other legal means of addressing the allegation?

Here: I give you what the instructor want in the Assignment: and this name of the book, The Law of Higher Education by William A. Kaplin; Barbara A. Lee

You have been asked to prepare a basic overview that addresses the EEOC’s enforcement procedures and process on your campus. The overview’s goal is to educate, inform and serve as a practical and useful resource should notice of an EEOC charge be received by fellow administrators.

Assignment:

Conduct your own search of the many resources available and prepare an educational and resource overview addressing the EEOC and its enforcement procedures and process. Please limit the overview to 3-4 pages. Make sure the answers to the questions listed below are incorporated in paragraph form (not question & answer form) into your document:

What is the EEOC and what purpose and function does it serve?

What laws are enforced by the EEOC?

How does an employee with allegations of wrongdoing, based on laws in place that are enforced by the EEOC, file a complaint to the EEOC?

What is the EEOC’s step-by-step process to address allegations? Include not only what the EEOC does, but also how the EEOC includes the employee (one making the allegation) and the employer (one against whom the allegations are made) in its process.

Can the EEOC force cooperate in its investigations?

Can/Does the EEOC initiate litigation on the basis of charges filed with the Commission?

Does termination of the EEOC process limit and/or end the employee’s (one making the allegation) options to seek other legal means of addressing the allegation?

Every day, law enforcement officials evaluate suspicious actions of suspects and apply their understanding of the Fourth Amendment’s prohibition against unreasonable searches and seizures in their cases. Locate an article in the recent media involving a criminal case in which a stop, a search, or a seizure was undertaken by law enforcement officials. It can be at a local or national level, though not at an international level.

Based on your current understanding of the laws regarding criminal stops, searches, or seizures, do you believe that the law enforcement agency in question accurately complied with the law?

Make a Microsoft PowerPoint presentation comprising 6 to 7 slides, keeping the following questions in mind:

Was probable cause a factor in this case?

If not, should it have been?

How should probable cause be implemented, in general?

As a law enforcement official, what are some of the questions that you might ask yourself in this case before you engage in a stop, search, or seizure or seek a warrant from the court?

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